International Salt Company v. Ohio Turnpike Commission

U.S. Court of Appeals for the Eighth Circuit
International Salt Company v. Ohio Turnpike Commission, 392 F.2d 579 (8th Cir. 1968)
1968 U.S. App. LEXIS 7466; 1968 Trade Cas. (CCH) 72,396

International Salt Company v. Ohio Turnpike Commission

Opinion

PER CURIAM.

This is an interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b) of a District Court order extending the provisions of § 5(a) of the Clayton Act, 15 U.S.C.A. § 16(a) (prima facie evidence rule) to this private treble damages action based on a violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1. The order appealed from applies § 5(a) to this case, notwithstanding that appellant successfully contested the criminal action against itself and that appellant entered a consent decree in the government’s civil action against itself and others prior to the determination of that civil action. We are in full accord with Judge Larson’s carefully considered and well expressed opinion in State of Michigan v. Morton Salt Co., D.C.Minn., 1966, 259 F.Supp. 35, 57, 61-64. On the basis of that determination, this case is affirmed.

Reference

Full Case Name
INTERNATIONAL SALT COMPANY, Appellant, v. OHIO TURNPIKE COMMISSION, Appellee
Status
Published